Page:Federal Reporter, 1st Series, Volume 2.djvu/209

 202 ' FEDEBAIi BEFOBTSB. �Wabfoed, Assignee, etc., v. Noble and others. �{Circuit Court, 1). Indiana. March, 1880.) �WiFB— R1GHT8 IN Lakd of Husband — Indiana Statute— Effect of Bankruptct. — The statutes of Indiana providing that the wife shall, upon the death of the huahand, have a one-third interest in ail lands of which he is seized during coverture, and one-third interest in ail equitable rights in lands he may have at the time of his death, and that in ail cases of judicial sale her inchoate interest, unless ordered sold or barred by the judgment of the court, shall become absolute the same as in case of the death of the husband, and the supreme court of that State, having declared a deed to an assigeee in banlsruptcy, is in efifect a Judicial sale. Seid, that the wife, upon the bankruptcy of the ^usband, became the owner of one-third of his equitable interest in certain school land purchased from th« gtate. �Appeal from district court. �Mr. Claypool, for appellant. �Mr. Norton and Mr. Roberts, for appelleea. �Deummond, g. J. This is a bill filed by the assignee of Wil- liam P. Noble for the purpose of removing a cloud from the title of a certain tract of land of which the bankrupt was the owner at the time the petition in bankruptcy was filed. �It is alleged in the bill that Mrs. Noble, the wife of the bank- rupt, claims an interest in the land by virtue of her marriage withthe bankrupt, and claims that the act of 1875, when the property was transferred to the assignee, operated upon it so as to make her interest in the land absolute. �The law of Indiana in relation to the right of the wife to the estate of which her husband was seized during marriage, and in which he had an equitable interest, was as foUows : "A sur- viving wife is entitled to one-third of ail the real estate of which her husband may have been seized in fee-simple at any time during the marriage, and in the conveyance of which she may not hare joined in due form of law; and also of ail lands in which her husband had an equitable interest at the time of his death." �With that law in force the act of March 11, 1875, was passed, which declares "that in ail cases of judicial sales of real property, in which any married woman bas an inchoate ����